Nebraska takes lead in suits against electric truck mandates

In the first case, Nebraska led 24 states in filing a petition for review of an Environmental Protection Agency rule setting stringent tailpipe emissions standards for heavy-duty vehicles that effectively force manufacturers to produce more electric trucks. The petition was filed in the U.S. Court of Appeals for the D.C. Circuit.

In the second case, 17 states and the Nebraska Trucking Association filed a lawsuit in the U.S. District Court for the Eastern District of California. The suit challenges a set of California regulations that require certain trucking fleet owners and operators to retire internal-combustion trucks and transition to electric trucks. The rule applies to fleets that operate within California, even if they are based outside the state.

“Neither California nor the EPA has the constitutional power to dictate these nationwide rules to Americans,” Hilgers said. “Alone and in combination, these two rules, which no one voted for, certainly no one in Nebraska voted for, would put us on a collision course for a nationwide mandate for electric vehicles.”

He said both sets of regulations threaten Nebraska’s trucking industry, as well as the state’s agricultural economy and other businesses and consumers who rely on trucks to move products. He pointed to the COVID-related shipping disruptions as an example of the potential impact on people and the economy.

When the Biden administration announced the regulations in March, EPA officials said the rules are intended to avoid up to 1 billion tons of greenhouse gas emissions over the next three decades and provide $13 billion in net benefits in the form of fewer hospital visits, lost work days and deaths. They take effect for model years 2027 through 2032.

“Heavy-duty vehicles are essential for moving goods and services throughout our country, keeping our economy moving. They’re also significant contributors to pollution from the transportation sector — emissions that are fueling climate change and creating poor air quality in too many American communities,’’ EPA Administrator Michael Regan said.

But Hilgers argued Monday that it would nearly impossible to comply with the regulations. He said few of the millions of trucks on the road are electric and there are no truck-charging stations in Nebraska and almost none across the country. In addition, he said, the amount of electricity needed to power such stations would overload the electrical grid. Backers of electric vehicles, however, say the grid would have enough capacity to handle the extra load.

The lawsuit against California said the regulations would harm Nebraska by reducing fuel tax revenues, harming the state’s biodiesel industry, increasing wear and tear on roads and requiring the state to review and issue overweight vehicle permits.

California Attorney General Robert Bonta’s office did not immediately respond to a message seeking comment.

Brent Falgione, president of Greater Omaha Express, said electric trucks would drive up costs because they cannot go as far as diesel-powered ones without stopping to recharge and because the weight of the batteries means they cannot haul as much product.

“It’s inevitably going to hinder each one of us at the grocery store,” he said.

He said that while there are alternatives to diesel-fueled equipment, such as trucks that run on electricity or hydrogen, those are not yet feasible or viable.

Kent Grisham, president and CEO of the Nebraska Trucking Association, said diesel trucks manufactured after 2010 already have drastically cut emissions. But older vehicles account for more than 50% of the trucks on the road.

“If the argument really is about carbon reduction, then we can do that today,” he said. “If the argument is about something to do with an electrified technology, philosophy or religion, well, that’s a lot farther away than honest people are willing to admit.”

States joining the lawsuit against the EPA: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. Each of those states has a Republican attorney general; most also have Republican governors.

Those participating in the California suit are: Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming. The Arizona State Legislature also joined the suit.

The new filings represent Hilgers’ latest challenge to environmental policies that he claims harm Nebraska consumers and companies. Among those challenges, he joined a previous lawsuit in April targeting the EPA’s electric-car regulations..

This report includes material from the Associated Press.